Goto Main Content
:::

Chapter Law Content

Title: Mining Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 7 Appendix
Article 82
For the state-owned mineral right established prior to implementation of the amendment of this Act on December 31, 2003, the original operator or lessee who have entered into contract with the Executive Yuan approval for off-shore petroleum exploration and extraction with a foreign company or a company of the Mainland China in accordance with Statutes for Offshore Petroleum Exploration and Extraction, the original contract shall remain valid without being subject to the restriction under the Act.
Article 83
As to the mining land approved before the implementation of the provisions of this Act amended on May 26, 2023, if its underground mine which has commenced the operation is not subject to any disposition of stopping mining under relevant laws and regulations and has the demand to excavate new tunnel and continue to mine after the implementation of the amended Act, the mineral right holder shall apply for approval of mining land on the land scope where the planned newly-excavated tunnel is located under Article 47 within 1 year from the implementation date of the amended Act. In the situations provided under Article 21 of the Indigenous Peoples Basic Laws or Article 5 of the Environmental Impact Assessment Act, the mineral right holder shall conduct the consultation for consent of or participation of indigenous peoples or tribes or environmental impact assessment under relevant provisions within 1 year from the date of notification of the competent authority.
As applying for approval of mining land under the preceding Paragraph, the mineral right holder may continue the constructions of mining before submitting the application and during the period of review by competent authority. However, in one of the following situations, the competent authority shall order the mineral right holder to stop the constructions of mining on its planned newly-excavated tunnel and the mineral right holder shall not submit the application again under the preceding Paragraph:
1. Failing to obtain the consent documents issued by owners of private land or management authorities of public land within 1 year from the implementation date of the amended Act.
2. Before the approval of mining land, owners of private land or administration agencies of public land issue the documents which express no consent for usage.
3. In one of the situations under Paragraph 5 of Article 47.
4. Failing to conduct the consultation for consent of or participation of indigenous peoples or tribes within the time limit provided by the preceding Paragraph, or that the competent authority in consultation with the central competent authority of indigenous peoples decides that there is delay of procedures during the period of conducting, or that the number of affirmative votes about matters to be consented is less than that of negative votes.
5. Failing to submit environmental impact statement to the competent authority within the time limit provided by the preceding Paragraph, or that the competent authority decides that there is delay of procedures during the period of conducting, or that the central competent authority of environmental protection reviews and concludes that the development shall not be allowed.
6. If the central competent authority of environmental protection reviews and decides that it shall continue to conduct phase II environmental impact assessment, the mineral right holder fails to submit draft environmental impact statement to the competent authority within 3 years from the day following the date of delivery of review conclusion. However, in special situation, such time limit may extend once before the expiration date and after the approval of competent authority. The extension period shall not be longer than 1 year.
Article 84
Prior to the implementation of this Act amended on May 26, 2023, if the validity period of original mining right is between 6 months to 2 years, the mineral right holder may apply for renewal of the mineral right within 18 months from the implementation date of the amended Act, and shall subject to no restrictions on the time limit of application of the renewal provided under Paragraph 1 of Article 15.
Article 85
The competent authority shall charge an application fee, registration fee, copying fee, survey fee, review fee, or license fee for the application, registration, copying, survey, review, or license pursuant to the Act. The fee schedule shall be established by the competent authority.
Article 86
The Enforcement Rules for the Act shall be established by the competent authority.
Article 87
The Act shall be implemented from the date of its promulgation.